Michael Geist

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harper_mulcair_trudeau_may by Renegade98 (CC BY-SA 2.0) https://flic.kr/p/yWvygM

CBC Shoots Itself in the Foot With Election Debate Coverage

Hubert Lacroix, the president of the CBC, recently placed the future of the Canada’s national public broadcaster on the electoral map with comments aimed sparking a renewed debate on future funding models. Lacroix disputed claims that low ratings are to blame for the CBC’s financial struggles, instead pointing to the need to consider alternative fee schemes, including new levies on Internet providers or supplementary charges on television purchases.

While disagreement over CBC funding is as old as the broadcaster itself, the more uncomfortable discussion for the CBC is its coverage of the current election campaign – particularly its approach to national debates and political party advertising – which raises troubling questions about its relevance in the current media environment.

My weekly technology law column (Toronto Star version, homepage version) suggests that most would agree that the CBC features an excellent group of reporters and boasts insightful analysts for its panel discussions. However, rather than working to make itself an invaluable resource for the election, the CBC has been unnecessarily restrictive in its broadcasting choices and in the use of its content.

October 7, 2015 — 8 comments — Columns

Trans-Pacific Partnership Ministers Meet in Brunei by DFATD (CC BY-NC-ND 2.0) https://flic.kr/p/fzKSHo

Is the Canadian Government Misleading the Public on the TPP Copyright Provisions?

The initial Canadian press coverage on the conclusion of the Trans Pacific Partnership negotiations has unsurprisingly focused on the dairy sector, with word that the government plans to effectively create a milk tax by transferring billions of dollars to dairy farmers without any evidence of loss. Lost in the coverage are the copyright and privacy implications of the deal. From a copyright perspective, it is notable that the Canadian government has sought to downplay the TPP, releasing a summary that suggests that it is consistent with current law. The government’s description of the copyright provisions in the TPP state:

October 6, 2015 — 9 comments — News

Minister Fast Marks Historic Year for Canadian Trade and Investment by DFATD | MAECD (CC BY-NC-ND 2.0) https://flic.kr/p/qsjhWg

TPP Negotiations Conclude: What Next for the Trade Deal Without a Public Text?

The Trans Pacific Partnership negotiations concluded early this morning in Atlanta with the 12 countries reaching agreement on the remaining outstanding issues. The U.S. quickly posted a summary of the TPP and the Canadian government has followed with its own package on the deal. At a just-concluded ministerial press conference, the ministers noted that this is one step in a longer process. The text itself must still be finalized and then each country will have its own rules before signing onto it. In the U.S., there is a review period with the full text, so this will be a 2016 issue. In Canada, new treaties must be tabled for review in the House of Commons, so there will be a Parliamentary review.

With the election only two weeks away, that means that there will be no text to review before the national vote. Instead, Canadians will face a barrage of TPP claims:

October 5, 2015 — 10 comments — News

Broadband by Sean MacEntee (CC BY 2.0) https://flic.kr/p/kkTCcB

Why Universal, Affordable Internet Access Should be 2015 Election Campaign Issue

The long election campaign of 2015 has featured a myriad of daily policy announcements as the three largest political parties vie for attention and votes. From targeted tax cuts to new spending promises, political leaders have focused on education, child care, defence, the environment and more. Yet thus far largely missing from the campaign has been the most fundamental digital issue – universal, affordable broadband Internet access.

My weekly technology law column (Toronto Star version, homepage version) notes that the Conservatives pointed to their spending on broadband in August when few were paying much attention, but that policy has done little to stem Canada’s steady slide in the global broadband rankings which indicate that Canadian Internet services are middling at best when compared to other developed countries. The opposition parties have said even less, failing to take advantage of consumer frustration by unveiling innovative policies that might address the issue.

September 30, 2015 — 15 comments — Columns

TPP rally. Ottawa, Canada, June 10 2014 by SumOfUs (CC BY 2.0) https://flic.kr/p/oo3n2U

The TPP End Game and the Canadian Election

Negotiations aimed at concluding the Trans Pacific Partnership are underway in Atlanta with plenty of signs that the various countries are prepared to compromise in order to reach a deal when the ministers (including Canadian International Trade Minister Ed Fast) arrive toward the end of the week. Canada has already caved on most intellectual property issues (copyright term, etc.) and Prime Minister Harper recently signaled Canada’s willingness to cave on the issues related to the auto sector and the dairy industry. Meanwhile, Japan is said to be ready to compromise on rice and there is a proposal on biologics that may not change much, but could be enough to garner support from some Asian countries.

While I think there remain questions about whether a caretaker government can/should be committing to such significant changes (the New Zealand Minister of Trade noted that Canada is negotiating as if there is no election underway), the TPP is clearly viewed as a major political prize by the Conservatives in the midst of an election campaign. The usual suspects (Chamber of Commerce, Council of Chief Executives, etc.) presumably have their press releases and quotations of support for a done deal already submitted and even opponents in the auto sector are reportedly afraid to criticize the government.

September 29, 2015 — 7 comments — News